Parliamentary investigation committees and French Court of Justice of the Republic
A parliamentary investigation committee enables members of parliament to gather information on a subject of public interest, and may hear a person holding relevant information on the subject it is studying.
Separately, the French Court of Justice of the Republic judges members of the government.
This committee is initiated by a group of parliamentarians, either from the Senate or the National Assembly. The group submits a motion for resolution, which is examined by the parliamentary committee responsible for the subject in question, then the relevant assembly decides whether to set up such a committee.
The investigation committee deals with a specific subject and is limited in time, ending with the submission of the report. It has special investigative powers, including the right of direct summons, the power to review documents and place and the right to render hearings public.
Similarly, foreign countries can launch parliamentary inquiries, according to its national law.
Regarding control of members of government, the French Court of Justice of the Republic has been created by Constitutional Law No. 93-952 of 27 July 1993 to try members of the French Government for criminal offences committed in the exercise of their functions.
Your challenges
Answer to summons for a hearing in the context of a parliamentary investigation committee
Answer to summons to appear before a French parliamentary investigation committee
All persons must comply with the subpoena and be prepared for a hearing if a parliamentary investigation committee has determined that a hearing is appropriate. The challenge for the persons being questioned is to avoid incriminating themselves, to preserve their image, and to avoid subsequent legal proceedings, and to protect sensitive information.
Answer to summons received as a French citizen to appear before the equivalent of a foreign investigative parliamentary committees
As a French citizen, you may be summoned to appear before a foreign investigative parliamentary committee for questioning. This raises the question of the respect of the rights of the defence, the possible implications in terms of liability and the rules applicable in the context of this appearance.
Make sure your rights are respected and be aware of your duties
Anyone who appears before a parliamentary committee has a wide range of rights (right to review and comment the interview minutes, right to be assisted by a lawyer, enforceability of confidentiality, etc.), and it is important to be aware of them. It is also important to be aware of the duties (duty to comply with summonses, duty to give truthful testimony, duty to provide official documents), as failure to comply with them may have criminal consequences.
Being aware of the existence of a criminal risk in case of refusal to participate/cooperate in hearings
Persons summoned who fail to appear or refuse to take the oath before the parliamentary committee are liable to a fine of €7,500 and two years’ imprisonment. The same punishment will be imposed on anyone who refuses to provide the documents requested pursuant to paragraph 2 of Article 6 of Ordinance of 17 November 1958.
Our way
Personalized support in the event of a hearing before an investigative parliamentary committee, both in France and abroad
Expertise in preparing for hearings before a foreign parliamentary investigation committee
Our team's in-depth expertise in this area will ensure adequate preparation and prior analysis of potential legal issues, such as the application of blocking statutes for example.
An extensive network of foreign lawyers
Thanks to our national and cross-border experience, we will support you in the steps required to have your status and rights recognized by foreign parliamentary inquiries. To do this, we will rely on local counsel and handle the coordination of the case with them.
Tailor-made legal support in connection with a summons to appear before a French parliamentary inquiry
Our team will provide you with tailored support, taking into account the specific features of each parliamentary inquiry in order to enforce your rights in particular, the right to confidentiality and the right to review and comment on the hearings minutes.. Our role is to advise you on your rights and obligations, and to prepare you for the hearing so as to limit any legal risks.
